The URL can be used to link to this page

Home My Public Portal About2015-06-151 REGULAR COUNCIL MEETING, JUNE 15, 2015 CALL TO ORDER The Regular Council Meeting of June 15, 2015, was convened at 6:00 P.M. by Mayor Carrie Tergin. ROLL CALL The following Council Members were present for the roll call: Present: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Absent: Prather A quorum was declared present. ADOPTION OF THE AGENDA A motion was made by Councilman Mihalevich, seconded by Councilman Costales, to adopt the agenda as published, and approved unanimously. MISCELLANEOUS AGENDA ITEMS There were no Miscellaneous Items brought forward at this time. PUBLIC HEARINGS Mayor Tergin opened the public hearings for both public hearings (a) and (b) as they are associated, and stated the Council would hear testimony on either or both. a. Rezoning 43 Acres of Land Located in the 3600 Block of Country Club Drive and the 3700 Block of West Truman Boulevard from C-1 Neighborhood Commercial to C-2 General Commercial and b. Special Exception Use Permit For a Superstore/Big Box Retail Deve lopment for Property Located in the 3600 Block of Country Club Drive and the 3700 Block of West Truman Boulevard. 2 REGULAR COUNCIL MEETING, JUNE 15, 2015 Senior Planner Eric Barron announced that staff had received a request that afternoon from Capital Mall ownership requesting that a substitute bill 2015-12 be enacted that would exclude a portion of the previously identified property in question. He explained where that property was, and that it was in response to concerns of adjoining residential property owners. Following Mr. Barron’s presentation, the following persons came forward to testify on the combined issues: Mr. Joe Bednar stated he is in favor of the bill with the modifications made in the Substitute Bill 2015-12 distributed to the Council as he believed the modifications addressed the concerns of residential property owners in the area. Mr. Paul Sampson, Central Missouri Professional Services, spoke on behalf of the Capital Mall Ownership and offered to answer any questions on either issue. As no one further came forward to speak on either issue, Mayor Tergin declared the public hearings concluded and stated the Council would now take up the associated pending bill 2015-12, sponsored by Councilman Graham. A motion was made by Councilman Graham to accept the Substitute Bill 2015-12 previously distributed to the Council, seconded by Councilman Branch, and approved unanimously. Substitute Bill 2015-12 was entitled as follows: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 43 41.5 ACRES FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL, FOR LAND LOCATED IN THE 3600 BLOCK OF COUNTRY CLUB DRIVE AND THE 3700 BLOCK OF WEST TRUMAN BOULEVARD, INCLUDING THE CAPITAL MALL AND CERT AIN OUTLOTS, BUT EXCLUDING TRACTS OWNED BY JC PENNEY AND DILLARD’S DEPARTMENT STORES; THE PROPERTY IS DESCRIBED AS PART OF THE SOUTH HALF OF SECTION FOUR AND PART OF SECTION NINE, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2015-12 was read third time by title, placed on final passage , and passed, as substituted, by the following roll-call vote as Ordinance 15405: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None 2015-13, sponsored by Councilman Graham, entitled: 3 REGULAR COUNCIL MEETING, JUNE 15, 2015 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL EXCEPTION USE PERMIT FOR A SUPERSTORE/BIG BOX RETAIL DEVELOPMENT LOCATED IN THE 3600 BLOCK OF COUNTRY CLUB DRIVE AND THE 3700 BLOCK OF WEST TRUMAN BOULEVARD, INCLUDING THE CAPITAL MALL AND CERTAIN OUTLOTS, BUT EXCLUDING TRACTS OWNED BY JC PENNEY AND DILLARD’S DEPARTMENT STORES; THE PROPERTY IS DESCRIBED AS PART OF THE SOUTH HALF OF SECT ION FOUR AND PART OF SECTION NINE, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY, MISSOURI. Bill 2015-13 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15406: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None c. Transit Fare Increase was brought forward for public hearing, and the associated pending Bill 2015-14 was then third-read by title, as follows 2015-14, sponsored by Councilman Henry, entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO TRANSIT SYSTEM FARES. Motion #1: Councilman Henry made a motion, seconded by Councilman Costales, to amend Bill 2015-14, as follows, with the previous amendments in bold stricken through text, and amended language shown in BOLDED UNDERLINED CAPITAL LETTERS: The following shall be the fares to be charged passengers for riding the city buses: The following shall be the fares to be charged passengers for riding the city buses : A. The general fare to be charged all passengers, except those riding under other provisions of this section, shall be one dollar and fifty cents ($1.50 $1.00)AND TWENTY-FIVE CENTS ($1.25) UNTIL JUNE 30, 2016, AND THEREAFTER ONE DOLLAR AND FIFTY CENTS ($1.50). (Ord. No. 14505, §1, 4-6-2009) B. Children under the age of six (6) years accompanied by a paying passenger shall ride free of charge. C. Any student enrolled in any elementary, junior high, senior high school, or college in the city shall be eligible to purchase a special student discount pass entitling the student to twenty (20) rides for a cost of twenty seven eighteen dollars ($27.00 18.00) TWENTY- TWO DOLLARS AND FIFTY CENTS ($22.50) UNTIL JUNE 30, 2016, AND THEREAFTER TWENTY-SEVEN DOLLARS ($27.00). Student passes shall be honored 4 REGULAR COUNCIL MEETING, JUNE 15, 2015 only on school days between the hours of 6:45 a.m. and 6:45 p.m. Student I.D. card may be required as proof of eligibility. (Ord. 13070 § 1, 6-19-2000; Ord. No. 14505, §1, 4-6- 2009) D. Half Fare Program for Fixed Routes. The fare on fixed routes shall be one-half the general fare charged in Section 34-27.A. above for persons age 60 years and over, persons with disabilities and Medicare cardholders. To access the half fare program: 1. Passengers shall show photo identification and proof of eligibility at the time fares are paid or upon boarding transit vehicles. Proof of eligibility is either a Medicare card or a half fare identification card issued by the City Finance Department. 2. Passengers may obtain a half fare identification card from the City Finance Department by providing photo-identification, proof of eligibility and completion of the “JeffTran Application for Half Fare Identification Card.” Proof of eligibility for the half-fare identification card shall be: (a) Medicare card; or (b) Proof of age, if age 60 or older, such as driver’s license or identification card issued by a state agency; or (c) Proof of disability, such as ADA eligibility card, Veterans Administration disability card, or physician statement. (Ord. No. 12994, §1, 11-1-99; Ord. 13790, §1, 10-18-2004) E. Transfers on the transit system are free subject to the rules established by the Director of Public Works. (Ord. 13790, §1, 10-18-2004) F. The fare for the demand-response bus for the handicapped will be three two dollars ($3.00 $2.00) TWO DOLLARS AND FIFTY CENTS ($2.50) UNTIL JUNE 30, 2016, AND THEREAFTER THREE DOLLARS ($3.00) per trip. Persons requesting this service must meet eligibility criteria as established by the Director of Public Works in compliance with the Americans With Disabilities Act of 1990 (ADA) and the Department of Transportation implementing regulations, 49 CFR, Part 37 and subsequent updates. A doctor’s certification may be required. (Ord. 13070 § 1, 6-19-2000; Ord. 13790, §1, 10-18-2004; Ord. No. 14505, §1, 4-6-2009) G. A transit benefit program is hereby established by the City in which the City shall issue identification cards to employers for distribution to their employees which provide for an unlimited number of employment related rides. The identification cards shall be issued by the City finance department on a monthly basis. The price for a fixed route identification card shall be $40.00 per month and for a para-transit identification card shall be $80.00 per month. (Ord. 13790, §1, 10-18-2004; Ord. No. 14505, §1, Rev. 02/02/2015 3405 4-6- 2009) H. The Director of Public Works may establish other rules and regulations not inconsistent with requirements of the Federal Transit Administration, U.S. Department of Transportation, or the City Code in order to implement this section. (Ord. 13790, §1, 10 - 18-2004) I. City bus service will only be provided within the city limits. 5 REGULAR COUNCIL MEETING, JUNE 15, 2015 Motion #2 to amend Motion #1: Following discussion, Councilman Hussey moved, seconded by Councilman Mihalevich, to amend Councilman Henry’s motion to delete the increased amounts and the “June 30, 2016” dates referenced in the motion, with the three fares remaining at Councilman Henry’s proposed rates of $1.25, $22.50, and $2.50, respectively, until changed by the Council. Following discussion, the motion to amend Motion #1 was approved by the following roll-call vote: Aye: Graham, Hussey, Mihalevich, Schreiber, and Ward Nay: Branch, Costales, Henry, and Scrivner Motion #1, as amended, was then approved, as amended, by the following roll-call vote: Aye: Branch, Graham, Henry, Hussey, Mihalevich, Schreiber, and Ward Nay: Costales and Scrivner Mark Mehmert, Transit Division Director, presented staff’s testimony on the issue and answered questions asked by the Council. Mayor Tergin opened the floor for public comment on the hearing. Those speaking on the issue of fares as well as other topics relating to the issue of Transit in general, were as follow: Mr. Brian Kemp Mr. Michael Couty, on behalf of students Mr. Wayne Lee Rev. Cassandra Gould of Quine Chapel A.M.E. Zion Church Ms. Vicky Schildmeyer Rev. Jeanie McGowan, Assoc. Pastor, First Baptist Church Mr. Paul Vanhorn Mr. Glover Brown Ms. Paula Schulte of Missouri River Regional Library Mr. Brian Kaylor Ms. Hope Watson At the conclusion of the public testimony, Council discussion was held. At the conclusion of discussion, Bill 2015-14 was then defeated, as previously amended, by the following roll-call vote: 6 REGULAR COUNCIL MEETING, JUNE 15, 2015 Aye: Branch, Costales, and Mihalevich, Nay: Graham, Henry, Hussey, Schreiber, Scrivner, and Ward Mayor Tergin recognized that a Boy Scout was in the audience and welcomed him to the meeting and wished him well on his scouting activities. RECESS Mayor Tergin called for a brief recess at this time to allow members from the gallery who wished to leave to do so. Meeting recessed at 7:41 P.M. RECONVENE The meeting was reconvened at 7:47 p.m. by Mayor Tergin with the following Council Members present: Present: Branch, Costales, Graham Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Absent: Prather APPOINTMENTS BY THE MAYOR No appointments were recommended. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS Parks, Recreation, and Forestry Director Bill Lockwood mad e a brief status report on the ongoing discussions and progress with Lincoln University on the multipurpose building project. Councilman Scrivner gave a brief status report on the Salute to America event and stated that the celebration will begin on Frida y night, July 3, and run through July 4. He also announced the entertainment which will be at the 2015 event, and urged citizens to go to the www.SaluteToAmerica.org website to get further details. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF 7 REGULAR COUNCIL MEETING, JUNE 15, 2015 Mayor Tergin announced several Juneteenth events which will be held in the City beginning on Sunday, June 14, and running through Saturday, June 20. She invited the public to attend those events, and for more information, citizens can go to the event website at www.juneteenthjcmo.org. Mayor Tergin welcomed Lincoln University student Jonathan Jackson who was attending the meeting to observe tonight. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations made at this time. CONSENT AGENDA The following items were brought before the Council for approval by Consent: a. Minutes of City Council Meetings: June 1, 2015 Councilman Hussey made a motion to approve the Consent Agenda, seconded by Councilman Graham, and approved unanimously. BILLS INTRODUCED 2015-17, sponsored by Councilman Mihalevich, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $297,488.00 AGREEMENT WITH ALEXANDER OPEN SYSTEM (AOS) FOR THE 911 CENTER TELEPHONE UPGRADE PROJECT. 2015-18, sponsored by Councilman Henry, entitled: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING A GRANT FROM THE MID-MISSOURI SOLID WASTE MANAGEMENT DISTRICT, AND AMENDING THE 2014-2015 BUDGET BY APPROPRIATING THE FUNDS TO IMPLEMENT THE GRANT. Councilman Hussey requested suspension of the rules on Bill 2015-18. There were no objections to the request to suspend the rules. 8 REGULAR COUNCIL MEETING, JUNE 15, 2015 Bill 2015-18 was read second and third times by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15408: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None BILLS PENDING 2015-16, sponsored by Councilman Graham, entitled: AN ORDINANCE AMENDING SECTION 19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE (S), (LOADING ZONES), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO A PORTION OF WEST MAIN STREET. Bill 2015-16 was read third time by title, placed on final passage , and passed by the following roll-call vote as Ordinance 15407: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None INFORMAL CALENDAR There were no items on the Informal Calendar at this time. RESOLUTIONS There were no resolutions brought before the Council. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS No one requested to make a presentation at this time. COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY 9 REGULAR COUNCIL MEETING, JUNE 15, 2015 There were no comments made at this time. NEW BUSINESS No New Business was brought forward. UNFINISHED BUSINESS There was no Unfinished Business brought forward at this time. APPROVAL OF CLOSED SESSION MINUTES A motion was made by Councilman Costales, seconded by Councilman Graham, to approve the June 1, 2015, Closed Session Minutes. The motion was approved by the following roll-call vote: Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None GO INTO CLOSED SESSION Mayor Tergin announced that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair would entertain a motion to go into Closed Session to discuss the following: a. Legal Actions [Sec. 610.021.(1)] b. Real Estate [Sec. 610.021.(2)] A motion was made by Councilman Mihalevich to go into Closed Session for the above - stated purposes, seconded by Councilman Costales, and approved unanimously by the following roll-call vote at 8:02 P.M. Aye: Branch, Costales, Graham, Henry, Hussey, Mihalevich, Schreiber, Scrivner, and Ward Nay: None